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May 5, 2017 Oregon Ocean Commercial Dungeness Crab Permit Holders and Interested Persons, The Oregon Department of Fish and Wildlife, Oregon Sea Grant, and the Oregon Dungeness Crab Commission are sending you this letter to: - Let you know about the increase in reported whale entanglements documented on the U.S. West Coast; - Describe the new efforts that Oregon stakeholders are beginning to take to address this issue and how you might get involved; and - Provide guidance on best fishery practices to use this season, as we work together to collaboratively address this issue for the long term. RECENT HAPPENINGS In the past three years, NOAA Fisheries has observed an increase in the number of reported whales entangled in fishing gear from fixed gear fisheries along the West Coast, primarily in Dungeness crab gear. In some cases, entanglement in fishing gear has led to serious injury and directly caused death of whales. A summary of recent entanglement information is included in this mailer and is available on NOAA Fisheries website: http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/fisheries_interactio ns.html. Last month, the Pacific States Marine Fish Commission (PSMFC) hosted a two-day workshop with industry, marine mammal experts, environmental organizations and state and federal fishery managers from along the entire west coast region to discuss the latest science in reducing entanglements. Discussions focused on generating and prioritizing ideas for new gear and fishing practices to minimize whale entanglement on the west coast. A summary of the discussion and all presentations from this workshop are posted on the PSMFC website at http://www.psmfc.org/crab/. UPCOMING WORKING GROUP FOR OREGON SOLUTIONS – SUMMER 2017 To continue the momentum generated by this regional workshop and address the issue directly, Oregon Sea Grant will be convening a collaborative whale entanglement working group in Oregon this year. The Oregon working group will coordinate with the California Dungeness Attachment 5

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Page 1: May 5, 2017 U.S. West Coast; · bottom trawl or fixed gear groundfish fishing trip. d. Implement best fishing practices in the configuration and deployment of gear; for example, minimize

May 5, 2017

Oregon Ocean Commercial Dungeness Crab Permit Holders and Interested Persons,

The Oregon Department of Fish and Wildlife, Oregon Sea Grant, and the Oregon Dungeness Crab Commission are sending you this letter to:

- Let you know about the increase in reported whale entanglements documented on theU.S. West Coast;

- Describe the new efforts that Oregon stakeholders are beginning to take to addressthis issue and how you might get involved; and

- Provide guidance on best fishery practices to use this season, as we work together tocollaboratively address this issue for the long term.

RECENT HAPPENINGS

In the past three years, NOAA Fisheries has observed an increase in the number of reported whales entangled in fishing gear from fixed gear fisheries along the West Coast, primarily in Dungeness crab gear. In some cases, entanglement in fishing gear has led to serious injury and directly caused death of whales. A summary of recent entanglement information is included in this mailer and is available on NOAA Fisheries website: http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/fisheries_interactions.html.

Last month, the Pacific States Marine Fish Commission (PSMFC) hosted a two-day workshop with industry, marine mammal experts, environmental organizations and state and federal fishery managers from along the entire west coast region to discuss the latest science in reducing entanglements. Discussions focused on generating and prioritizing ideas for new gear and fishing practices to minimize whale entanglement on the west coast. A summary of the discussion and all presentations from this workshop are posted on the PSMFC website at http://www.psmfc.org/crab/.

UPCOMING WORKING GROUP FOR OREGON SOLUTIONS – SUMMER 2017

To continue the momentum generated by this regional workshop and address the issue directly, Oregon Sea Grant will be convening a collaborative whale entanglement working group in Oregon this year. The Oregon working group will coordinate with the California Dungeness

Attachment 5

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Crab Fishing Gear Working Group, which was convened in 2015 (http://www.opc.ca.gov/whale-entanglement-working-group/).

The Oregon working group objective is to gather Oregon stakeholders together to develop options for short- and long-term modifications to gear and fishery practices to reduce the risk of whale entanglements in Dungeness crab gear and other fixed gear. This will strengthen the ability of Oregon’s Dungeness crab fishery to adapt and thrive under changing ecological and socioeconomic conditions. Additionally, the working group recommendations will ensure that the unique characteristics of Oregon’s Dungeness crab fishery are represented in the West Coast regional efforts to reduce whale entanglements in fixed gear fisheries. The working group is seeking additional representatives from the recreational crab fishery and commercial fishermen based from areas of the coast outside of Astoria and Newport. If you are interested in learning more about the working group, and/or participating please contact Amanda Gladics [email protected] (541) 503-325-8573 ext. 265.

WHAT CAN I DO NOW?

When you are participating in the Dungeness crab fishery (in other words, any time that you have crab pots in the ocean), we encourage you to help minimize the risk of entanglement by reducing the amount of lines in the water when possible and implementing best fishing practices. Specifically consider the following in-season best fishing practices:

a. Remove all your gear as soon as you have completed your crab season. Do this asquickly and efficiently as possible (avoid “storing gear” in the ocean).

b. Remove all your gear if your vessel is inoperable. If your vessel is unable to activelyoperate and you still have crab pots in the water please contact ODFW licensing 503-947-6116 about applying for a one-time retrieval waiver to allow another vessel to helpget your pots out of the water as soon as possible.

c. Retrieve derelict, lost or stray pots, in accordance with derelict gear recovery rules(OAR 635-005-0490), and make sure to record the information in your logbookaccording to the instructions. (See information on the post-season program, below).

• Please remember that it is unlawful at this time to stop transit of the RockfishConservation Area (RCA), even to pick up derelict gear, when on a declaredbottom trawl or fixed gear groundfish fishing trip.

d. Implement best fishing practices in the configuration and deployment of gear; forexample, minimize the amount of scope, floating line and trailer buoys as possible. TheOregon working group (mentioned above) plans to develop best fishing practices forOregon, using the attached best practices guide and other materials as a starting point.

e. Post-Season: Sign-up and participate in the permitted post-season derelict gear programto retrieve derelict and stray pots still in the ocean after the season ends. The detailsabout how this program operates and the requirements to participate can be found athttp://www.dfw.state.or.us/MRP/shellfish/commercial/crab/psdgrp.asp.

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The Oregon Department of Fish and Wildlife, Oregon Dungeness Crab Commission, Oregon Sea Grant, and the Oregon Dungeness crab industry recognize that proactively addressing whale entanglements will contribute to potential benefits to whale populations and the greater resilience of the economically and culturally important crab fishery. Therefore, we are committed to working together to reduce the risk of whale entanglements in fixed gear fisheries in Oregon. We look forward to working with you to collaboratively address this problem.

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Department of Fish and Wildlife Marine Resources Program

2040 SE Marine Science Drive Newport, OR 97365

(541) 867-4741 FAX (541) 867-0311

www.dfw.state.or.us/mrp/

September 10, 2018

Oregon Dungeness Crab Industry Participants and Interested Persons,

The Oregon Department of Fish and Wildlife (ODFW) is pleased to host four regional Dungeness crab public industry meetings to discuss and get your input on current management issues concerning the Commercial Dungeness crab fishery. The issues include: 1) changing ocean conditions, 2) Tri-State pre-season testing and season opening developments, 3) crab biotoxin management, and 4) reducing risk of whale entanglements in Dungeness crab gear. Additional details for each of the discussion topics are listed on the back side of this notice and a summary of the 2018 Tri-State meeting can be found on the Pacific States Marine Fish Commission’s website at http://www.psmfc.org/crab/. Dates, times and locations of the public meetings are as follows:

Monday, October 8th – Brookings – 1PM-5PM

Chetco Community Public Library 405 Alder Street

Brookings, OR 97415

Tuesday, October 9th – Coos Bay – 9AM-1PM Edgewater Inn Coos Bay

275 E Johnson Ave. Coos Bay, OR 97420

Wednesday, October 10th – Newport – 9AM-1PM

Shilo Inn Hotel 536 SW Elizabeth St. Newport, OR 97365

Thursday, October 11th –Astoria - 9AM-1PM

Holiday Inn Express 204 West Marine Drive

Astoria, OR 97103 We look forward to talking with you soon at a meeting near you! Please contact me if you have any questions. Kelly Corbett Commercial Crab Project Leader 541.867.0300 ext. 244

Oregon Kate Brown, Governor

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2018 Oregon Dungeness Crab Industry Meetings

We Want to Hear From You!

Astoria Holiday Inn Express

Oct. 11, 9AM-1PM

NewportShilo Inn Hotel

Oct. 10, 9AM-1PM

Coos BayEdgewater Inn

Oct. 9, 9AM-1PM

BrookingsChetco Community Public Library

Oct. 8, 1PM-5PM

Discussion Topics Changing ocean conditions (15 mins)- Current issues- Need for increased �exibility and accountability- Crab Marine Fishery Management Plan (MFMP)

Pre-season testing and season opening developments (45 mins)- Formalizing consistency of Tri-State fair start provisions and pre-season testing processing guidelines- Allowing more �shing zones with di�erent opening dates- Extending the latest possible season opening date from Jan 15 to Feb 1 for delayed openings due to crab quality

Crab biotoxin management (45 mins)- Progress to-date within Oregon and Tri-State region- New crab areas on �sh tickets and proposal for mandatory electronic �sh tickets for all crab landings Reducing risk of whale entanglements in Dungeness crab gear (2 hrs)- Summary of West Coast whale entanglements in �shing gear- Whale entanglement working group progress- Management alternatives to reduce risk of whale entanglements in Dungeness crab gear

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Department of Fish and Wildlife Marine Resources Program

2040 SE Marine Science Drive Newport, OR 97365

(541) 867-4741 FAX (541) 867-0311

www.dfw.state.or.us/mrp/ April 12, 2019 Oregon Ocean Commercial Dungeness Crab Permit Holders, Processors, Buyers, and Interested Persons: The Oregon Department of Fish and Wildlife (ODFW) is sending you this notice to provide you with information regarding whale entanglements on the West Coast and updates on Oregon’s efforts to mitigate risk of entanglements in our fixed gear fisheries.

BACKGROUND ON WHALE ENTANGLEMENTS Since 2014, there has been an increase in the number of reported whales entangled in fishing gear from fixed gear fisheries along the West Coast, primarily in Dungeness crab gear. In some cases, entanglement in fishing gear has led to serious injury and directly caused death of whales. The most recent summary of entanglement information (through calendar year 2017) is available on NOAA Fisheries website: http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/fisheries_interactions.html. A summary report including the 2018 entanglements will be posted here as well, once it is finalized. Since 2017, Oregon Sea Grant has been convening a collaborative Oregon Whale Entanglement Working Group (OWEWG). The goal of the OWEWG is to gather Oregon stakeholders together to develop and recommend options for short- and long-term modifications to gear and fishery practices to reduce the risk of whale entanglements in Dungeness crab gear and other fixed gear fisheries. Materials and proceedings of all of the meetings held to-date are on Sea Grant’s website: https://seagrant.oregonstate.edu/outreach-and-engagement/Oregon-Whale-Entanglement-Working-Group. CALIFORNIA LAWSUIT SETTLED – RESULTS IN EARLY FISHERY CLOSURE There has been a settlement in the lawsuit brought by Center for Biological Diversity against California Department of Fish and Wildlife (CDFW) over whale entanglements, as of two weeks ago. The lawsuit was filed on the basis that CDFW was causing the take of ESA-listed whales and sea turtles by permitting the Dungeness crab fishery to operate, without an approved Incidental Take Permit (ITP; see more information on ITPs below). A key element of the CDFW settlement agreement is a court-ordered requirement that the California Dungeness crab fishery close on April 15, 2019. This requirement is intended to remove crab gear from California waters, as the migratory ESA-listed species (primarily humpback and blue whales) have arrived along the West Coast for the spring and summer seasons. The settlement agreement measures may result in CA fishery closures earlier than April, in some areas or in some years. The full settlement agreement is located here: https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=166146&inline.

OREGON EFFORTS TO MITIGATE – SHORT AND LONG-TERM To reduce the risk of whale entanglements in Oregon, ODFW has been actively working with the OWEWG, researchers, industry, NOAA and the other states to learn about strategies and develop management measures. Whale entanglement risk is not a new issue for the crab industry; we have been distributing information about this growing problem for several years, most recently discussed at ODFW’s fall 2018 public meetings and in our 2018 Annual Crab Newsletter, found here:

Oregon Kate Brown, Governor

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https://www.dfw.state.or.us/MRP/shellfish/commercial/crab/docs/Crab%20Newsletter_2018_final.pdf. Since the public meetings in fall 2018, ODFW has further developed our plans for recommending whale mitigation management measures in a phased rule-making approach to the Oregon Fish and Wildlife Commission (OFWC). Additionally, we have been in communication with NOAA to initiate the application process for an Oregon ITP, specific to Oregon’s Dungeness crab fisheries. Lastly, we are working with researchers to gather better whale distribution data off Oregon. MANAGEMENT MEASURES – PHASE 1 (2019) In June (2019), we will brief our Oregon Fish and Wildlife Commission (OFWC) on the increase in whale entanglements, and Oregon’s plans to address it. In September 2019, we will recommend the first of two whale mitigation rule-making packages to the OFWC, for implementation at the start of the 2019-20 crab season. This phase will include:

1. Control date of August 15, 2018 for potential “late season” limited entry fishery – to limit qualifying landings for any type of late season endorsement or limited entry fishery to landings before August 15, 2018, should an endorsement be needed at some point in the future.

2. Mandatory electronic tickets for all crab landings, including harvest areas – to improve timeliness of vessel harvest locations to inform crab effort and whale overlap throughout the season; additionally, this will be used for biotoxin management.

3. Buoy color and pattern registration – to improve our understanding of where and when entanglements occur.

Also for the season start, and complementary to the regulatory package above, you will notice we are moving to double-sided buoy tags for the 2019-2020 season, another mechanism to improve our understanding of entanglement events. MANAGEMENT MEASURES – PHASE 2 (2020) In 2020 (Feb/Mar), we will recommend the second of two whale mitigation rule-making packages to the OFWC, with an additional set of measures for implementation in-season, as early as spring 2020. At this time, we intend the regulatory package to include the management measures listed below, which would be applied to the “late season” (the timing of which is yet to be defined) when feeding aggregations of whales are known to be more prevalent in waters off Oregon. We will host industry public meetings during fall 2019, to describe our draft recommendations, and gather further input on how and when to implement these measures.

1. “Late season” reduced pot limit – to reduce the number of actively fished vertical lines that pose a risk of entanglement; this could be done by implementing a maximum number of pots per permit, a percentage reduction of pots per permit, or other measures.

2. “Late season” buoy tag – to enforce the reduced pot limit, facilitate earlier derelict gear clean up, and learn more about the timing of entanglements.

3. Initiate “late season” derelict gear removal, once the regular season ends – to reduce the amount of derelict vertical lines that pose a risk of entanglement. This measure will require legislative change.

4. Eliminate the two-week gear clean-up period after the season ends – to shorten the timeframe that vertical lines are in the water and pose a risk of entanglement.

MANAGEMENT MEASURES – FUTURE PHASES (timeline TBD) As we continue to work on mitigating whale entanglement risks, there will likely be a need to consider additional measures. At this time, we think it is likely we will need to develop the following requirements:

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1. Near-real time vessel monitoring requirement - to provide real-time vessel harvest locations to inform crab effort and whale distribution overlap throughout the season, as well as information to verify reporting of biotoxin management harvest areas.

2. “Late season” limited entry – to reduce the potential for effort increase that poses a risk of entanglement when feeding aggregations of whales are known to be more prevalent in waters off Oregon. Qualifying landings for this limited entry system would be set by the control date decision made by the OFWC in September 2019.

OREGON INCIDENTAL TAKE PERMIT (ITP) APPLICATION Because Oregon’s Dungeness crab fishery is at risk of entangling ESA-listed species, and because an ITP is required for the incidental take of ESA-listed species, ODFW is applying for an ITP from NMFS. Earlier this year (March, 2019) we met with NMFS staff regarding the process and considerations for submitting an ITP application for the fishery. The key component of the ITP application is the development of a Habitat Conservation Plan (HCP), which outlines the management measures that the applicant (ODFW) will take to minimize and mitigate the authorized incidental take of ESA-listed whales by the crab fishery. The management measures we have outlined above will be part of the ODFW application to NMFS, however, there is no guarantee up-front that the ODFW management measures will be sufficient to address the “minimize and mitigate” requirements set by NMFS. NMFS will work with ODFW throughout the HCP process to come to agreement on the management measures included, at which point there will be a formal review and decision by NMFS. We have formalized our intent to apply for an ITP through a letter to NMFS which can be found here: https://www.dfw.state.or.us/MRP/shellfish/commercial/crab/news_publications.asp. This will be an extended process that may take multiple years to complete; we will seek industry input and provide industry updates as this process proceeds. For more information on ITPs see: https://www.fws.gov/endangered/permits/index.html. OREGON WHALE DISTRIBUTION RESEARCH We are working in collaboration with Oregon State University’s Marine Mammal Institute on a project to better understand whale distribution, migration timing, and habitat use of whales off Oregon. This information will help us continue to make informed and discrete decisions about management of the crab fishery that maximize effectiveness of protecting whales while minimizing burdens to the industry. Details of this project can be found here https://mmi.oregonstate.edu/gemm-lab/where-are-whales-oregon-waters. The first six months of the project has been funded by the Oregon Dungeness Crab Commission (ODCC) and we are waiting to hear a determination of approval on a section 6 grant proposal to NOAA for additional funding of the project. WHAT CAN I DO NOW? In addition to supporting the activities that are described above to minimize and mitigate whale entanglement risk, there are concrete steps the crab fishery can take right now to protect whales from entanglements and thereby help maintain the viability of the fishery. Any time that you have crab pots in the ocean, we encourage you to help minimize the risk of whale entanglements by:

a. Reducing the amount of lines in the water and remove all your gear as soon as you have completed your crab season. Do this as quickly and efficiently as possible (avoid “storing gear” in the ocean for any length of time). If your vessel is unable to actively operate and you still have crab pots in the water please contact ODFW licensing 503-947-6116 about

Page 9: May 5, 2017 U.S. West Coast; · bottom trawl or fixed gear groundfish fishing trip. d. Implement best fishing practices in the configuration and deployment of gear; for example, minimize

applying for a one-time retrieval waiver to allow another vessel to help get your pots out of the water as soon as possible.

b. Retrieve derelict, lost or stray pots, in accordance with derelict gear recovery rules (OAR 635-005-0490), and make sure to record the information in your logbook according to the instructions. (See information on the post-season program, below). • Please remember that it is unlawful at this time to stop transit of the Rockfish

Conservation Area (RCA), even to pick up derelict gear, when on a declared bottom trawl or fixed gear groundfish fishing trip.

c. Implement best fishing practices in the configuration and deployment of gear as

described in OWEWG best practices directive located here https://www.dfw.state.or.us/MRP/shellfish/commercial/crab/docs/owewg_2018-2019_bestpracticesdirective.pdf.

d. Sign-up and participate in the permitted post-season derelict gear program to retrieve derelict and stray pots still in the ocean after the season ends. See details about how this program operates and the requirements to participate located here http://www.dfw.state.or.us/MRP/shellfish/commercial/crab/psdgrp.asp.

e. Help collect information about whales off Oregon by documenting whales while you are

out on the water. More information on a user-friendly phone apps to make it easier to document whale-sightings will be available on this website soon https://mmi.oregonstate.edu/gemm-lab/where-are-whales-oregon-waters.

ODFW is committed to making informed, deliberate and transparent decisions to mitigate the risk of whale entanglements with the Dungeness crab fishery. We believe in earnest the continued awareness, work, research and discussions towards addressing this issue on multiple fronts will strengthen the ability of Oregon’s Dungeness crab fishery to adapt and thrive under changing ecological and socioeconomic conditions. We look forward to working with you collaboratively, to address this problem.

Caren Braby – ODFW Marine Resource Program, Manager 541-867-0300 ext. 226 Troy Buell – ODFW State Fishery Manager 541-867-0300 ext. 225 Kelly Corbett - ODFW Commercial Crab Project Leader 541-867-0300 ext. 244

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Department of Fish and Wildlife Marine Resources Program

2040 SE Marine Science Drive Newport, OR 97365

(541) 867-4741 FAX (541) 867-0311

www.dfw.state.or.us/mrp/ June 17, 2019 Oregon Ocean Commercial Dungeness Crab Permit Holders, Processors, Buyers, and Interested Persons: The Oregon Department of Fish and Wildlife (ODFW) is sending you this notice for the following purposes:

I. Provide a summary of the 2019 Tri-State meeting. II. Provide updates on Oregon’s planned approach to recommend state regulations to address.

whale entanglements in crab gear, following up from our industry notice sent on April 22 (see https://www.dfw.state.or.us/MRP/shellfish/commercial/crab/news_publications.asp).

III. Get your input on near-term management changes concerning the commercial Dungeness crab fishery. Feedback is requested by July 3, 2019 for these three items:

a. Remove post-season gear removal period for 2019 (all gear out of water by 8/14) b. Decrease meat recovery criteria from 25% to 24% (for 2019-2020 season) c. ODCAC advisors – looking for new members for Newport

IV. Incidental Take Permit – updates on process.

I. TRI-STATE MEETING SUMMARY The ODFW participated in the Tri-State Dungeness Crab Committee (Tri-State) meeting on May 13-14, 2019, with Washington and California, to discuss crab management issues concerning the West Coast’s commercial Dungeness crab fisheries. Discussions at this year’s meeting centered around building flexibility into season opening protocols, information sharing and coordination of whale entanglements risk reduction measures in Dungeness crab gear and Incidental Take Permit (ITP) development, and striving for consistency in crab biotoxin management.

The three states agreed to modify the Tri-State protocol to allow two management measures that will allow more flexibility with season opening dates and areas, within the Tri-State region: 1) allow more than one line in the Tri-State area based on meat quality (currently, only one line is allowed), and 2) move the latest season opening date to February 1 from the current “drop dead” date of January 15, but only if meat quality is still less than 23% and there are no other concerns from managers or industry about delaying until Feb 1, such as elevated risk of whale entanglements or biotoxin events. The three states also agreed to consider a decrease in meat quality criterion from 25% to 24%, below Cascade Head. Because this issue was not identified for discussion prior to the Tri-State meeting, all three states committed to getting broader industry input and reaching a decision in time to implement for the 2019-2020 season opening if agreement can be reached. We ask for your input on the decrease from 25% to 24%, below. In combination, these three measures will allow for earlier openings in smaller areas where crab quality is good. Once incorporated and signed, the protocol will be recommended for adoption into rule by the Oregon Fish and Wildlife Commission (OFWC) for implementation. While Oregon and Washington intend to implement changes for the 2019-20 season, implementation of some measures will take longer for California, because legislation is required. A complete summary of agreements made at the 2019 Tri-State meeting is on the Pacific States Marine Fish Commission’s

Oregon Kate Brown, Governor

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website at http://www.psmfc.org/crab/. We would like to thank all of our industry representatives that participated and provided significant input at this year’s Tri-State meeting.

II. UPDATES ON OREGON EFFORTS TO REDUCE RISK OF WHALE ENTANGLEMENTS We briefed the OFWC at their June 6, 2019, meeting in Salem, including background information about whale entanglements on the West Coast, summary of existing regulations in Oregon that reduce entanglement risk, the Oregon Whale Entanglement Working Group’s (OWEWG) preliminary recommendations, and ODFW’s recommendation to implement regulations to further reduce risks in a phased approach. The full presentation is on our website at https://www.dfw.state.or.us/agency/commission/minutes/19/06_June/index.asp. The OWEWG’s preliminary recommendations are on Sea Grant’s website at https://seagrant.oregonstate.edu/outreach-and-engagement/Oregon-Whale-Entanglement-Working-Group.

ODFW’s recommendations for Phase I management measures will be presented to the OFWC on September 13, in Gold Beach, and will include the measures described below.

a. Informational measures – to learn more about whale entanglements, including where, when and gear type involved, and consistent with OWEWG preliminary recommendations, we will make recommendations on requirements for:

• Surface gear marking for fixed-gear single buoy fisheries, including sport and commercial sectors, in both bays and ocean; this would impact both crab sectors (bay commercial, ocean and bay sport crab);

• Electronic tickets for all commercial crab landings; and • Buoy color and pattern registration for all commercial crab gear.

b. Reduce risk – prepare for potential measures to reduce the number of permits that can harvest crab in the “late season”; as recommended by the OWEWG, we will recommend that the OFWC prepare for potential future changes to Oregon’s current limited entry system by:

• Setting a control date for a potential “late season” limited entry system.

Please contact Marine staff at the phone numbers and emails below or the OFWC ([email protected]) if you would like to submit public comment on any of these proposed measures.

You will also notice we are moving to double-sided buoy tags starting in the 2019-20 season, another mechanism to improve our understanding of entanglement events. The Oregon Dungeness Crab Commission has agreed to cover the additional printing costs for this year’s purchase of tags ($0.15 per tag) so the cost of your 2019-20 buoy tags will remain the same.

The focus of Phase II management measures is to help reduce risk of whale entanglements in crab gear by reducing the number of vertical lines in the water. To prepare for Phase II recommendations to the OFWC, the ODFW is hosting four regional Dungeness crab public industry meetings to solicit targeted input. In this series of meetings we want to discuss draft recommendations, and particularly how and when to reduce vertical lines in the water and any other measures you think might help reduce risk of whale entanglement. Please join us at one of these coastal meetings:

• Coos Bay – Thursday, Oct. 17 • Brookings – Friday, Oct. 18

• Astoria – Tuesday, Oct. 22 • Newport – Wednesday, Oct. 23

Following these public meetings, ODFW’s recommendations for Phase II will be presented to OFWC in late winter/early spring (targeting Feb/Mar 2020). Some of the measures we plan to implement as

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early as spring 2020. We intend the regulatory package to include measures for the “late season” (the timing of which is yet to be defined), when we see an increase in whale feeding aggregations off Oregon, and when entanglements are thought most likely to occur. Phase II measures include:

• “Late season” pot limit reduction and separate seasonal buoy tag (NOTE: we intend that this would be limits across all pot tiers and permits, not by changing limited entry qualifications)

• Initiation of a “late season” derelict gear removal program (will require legislative changes), and

• Elimination of the two-week gear clean-up period after the season ends (which would bring Oregon into consistency with WA and CA season-end regulations).

III. FEEDBACK REQUESTED BY JULY 3, 2019 There are three near-term issues that we would like to hear input from you by July 3rd, 2019. 1. Removing the two-week post-season “clean-up” period for 2019 – In our April industry notice

this was listed as a potential measure we would be proposing to the OFWC for implementation in the 2019-20 season; we have listed it above as a Phase II management measure. Since April, we have heard some industry support for moving ahead with this for 2018-2019, requiring all gear to be removed by the season-end date of August 14, 2019. This would reduce risk of whale entanglement in crab gear during those two weeks, and move up the onset of derelict gear recovery efforts. Let us know if you have any major concerns with implementing this change at the close of this season versus at the close of next season.

2. Decrease meat recovery criteria from 25% to 24% – At this year’s Tri-State meeting, the California delegation asked Oregon and Washington to consider decreasing the meat recovery criteria from 25% to 24% for the northern California areas (item II.B in Tri-State summary). Currently, the meat recovery criteria for all areas south of Cascade Head is 25% (rounding permitted) and 23% (no rounding) north of Cascade Head. Decreasing the meat recovery criteria could allow the fishery to open earlier in some years; the intent of this measure is to reduce the overlap of peak whale aggregations and the greater number of crab pot vertical lines at the start of the season. Let us know if you prefer:

a. Lower meat recovery criteria to 24% in all northern California areas; b. Lower meat recovery criteria to 24% in all Oregon and California areas south of

Cascade Head; or c. Status quo – 25% south of Cascade Head.

3. Oregon Dungeness Crab Advisory Committee (ODCAC) Newport Vacancies – ODCAC was

formed to foster industry input on ODFW’s management decisions, and represent Oregon at Tri-State meetings; the group is comprised of harvesters and processors from all of the major crabbing ports in Oregon. Participation is voluntary and we try to have representation of all sectors of the industry by including persons from all ports, pot limit tiers, vessel sizes, and a diversity of business plan types. We also ask each ODCAC members to actively engage with the crab industry in their port, so they can best share the full diversity of perspectives. A few changes in membership have occurred since March and we are specifically soliciting a couple of new advisors from the Newport area at this time. Current ODCAC and Tri-State advisors, are as follows (TR-Tri-State Representative, A-Alternate Tri-State Representative, and O-ODCAC advisor only):

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Astoria John Corbin (TR), Al Gann (A)

Garibaldi* Emily Dunn (TR), Gary Motsinger (A)* Newport Bob Eder (TR), Al Pazar (O), Poggy Lapham (O), Bob Spelbrink (A) Charleston Scott Hartzell (TR), Mike Lane (O), Rex Leach (A) Port Orford* Paul Garrett (TR), Aaron McKenzie (O) Brookings Bernie Lindley (O), Bill Manning (O), Joe Speir (TR), Todd Whaley (A)

Processors/Buyers Scott Adams (O), Jerry Bates (O), Susan Chambers (O), Doug Heater (O Steve Fick (O), Mike Manning (O)

Oregon Dungeness Crab Commission Hugh Link (O)

*New advisor since March, 2019

If you are interested in actively participating on this committee and/or as a Tri-State representative and feel that your interests are not currently represented please contact us to discuss.

IV. INCIDENTAL TAKE PERMIT (ITP) – UPDATES ON PROCESS The Phase I and Phase II management measures described above will be included in ODFW’s ITP application to the National Marine Fisheries Service (NMFS). However, these management measures alone may not be sufficient to address the “minimize and mitigate” requirements set by NMFS to protect Endangered Species Act-listed species. Since April, we have continued to communicate with NMFS regarding the series of whale entanglement risk mitigation measures we are proposing and NMFS has continued to indicate that their plan is to work with us collaboratively throughout the process, including developing the management measures. Following submission of our ITP application, NMFS will initiate their formal review process and decide whether to issue the permit. As a result of the Tri-State agreement to increase coordination of the ITP process, NMFS and the Tri-State agencies are increasing regular communications about the process and are planning an ITP workshop in 2019. At their May 2019 meeting, the Oregon Dungeness Crab Commission (ODCC) agreed to provide short-term financial assistance to help ODFW with the drafting of our ITP application documents and the associated analysis that will be required. With this financial commitment, we are hoping to secure additional capacity in the near future and align the timing of the drafting and submission of the ITP application with the other states, targeting the end of 2020. We greatly appreciate ODCC’s commitment to addressing whale entanglements. In closing, there is a lot happening in the crab fishery right now. We look forward to hearing any feedback you may have on the near-term items listed above or other questions, comments or concerns about the management of the commercial Oregon Dungeness crab fishery.

Caren Braby Program Manager 541-867-0300 ext. 226

Troy Buell State Fishery Manager 541-867-0300 ext. 225

Kelly Corbett Commercial Crab Project Leader 541-867-0300 ext. 244

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Department of Fish and Wildlife Marine Resources Program

2040 SE Marine Science Drive Newport, OR 97365

(541) 867-4741 FAX (541) 867-0311

www.dfw.state.or.us/mrp/ September 19, 2019 Oregon Ocean Commercial Dungeness Crab Permit Holders, Commercial Bay Crab Harvesters, Processors, Buyers, and Interested Persons: The Oregon Department of Fish and Wildlife (ODFW) is sending you this notice to provide you with information on the following items:

I. Regulatory changes adopted by the Oregon Fish and Wildlife Commission, Sept. 2019 II. Whale entanglement risk reduction – October Crab Industry Meetings

III. What you need to do, to get this season started: a. Instructions for registering buoy brand colors – Required for the 2019-20 crab season. b. Instructions for setting up an account to submit electronic fish tickets – required for

the 2019-20 crab season. c. Application to order your 2019-20 crab buoy tags (last page of mailer for permit

holders).

I. REGULATORY CHANGES ADOPTED

The Oregon Fish and Wildlife Commission (OFWC) adopted a number of regulatory changes to address whale entanglements, crab biotoxin management and season opening protocols at their September 13th, 2019 meeting in Gold Beach. All of the materials from this meeting, including the background, rationale, and rule language are located here: https://www.dfw.state.or.us/agency/commission/minutes/. The primary adopted changes, include the following:

a. Whale entanglement mitigation measures

These measures focus primarily on enhancing surface gear marking requirements in Oregon’s fixed-gear fisheries to learn more about what fisheries are involved in any future whale entanglements. Specifically, new regulations require the following:

1. Commercial crab gear buoy color pattern registration, effective season start. This requires all commercial ocean and Columbia River Dungeness crab permit holders that are planning to harvest crab off Oregon to register their buoy color pattern(s) with the Department by the start of the 2019-20 crab season. Vessels must use at least one buoy with the registered buoy color pattern on each piece of Oregon Dungeness crab gear. See details below on how to register buoy colors (Section III).

Oregon Kate Brown, Governor

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2. Recreational crab surface buoy gear identification, effective 1/1/2020. This requires all (bay and ocean) recreational crab gear buoys to be marked with a name or business name and at least one of the following: permanent address, phone number, angler ID, or boat registration number. This requirement will go into effect on January 1, 2020.

3. Remaining fixed-gear commercial surface buoy identification, effective

1/1/2020. This requires identifying information (boat name, federal documentation number, state registration number, or commercial fishing license number) on buoys utilized in all commercial fixed gear fisheries where it is not already required, including the commercial bay crab fishery. This requirement will go into effect on January 1, 2020.

4. Control date established as of August 14, 2018 for a potential commercial

crab “late season” limited entry system. This limits landings that will be considered in qualifying criteria during development of any future permit limits in the late portion of the crabbing season to those made prior to Aug 14, 2018. No new restrictions were placed on participation from adopting the control date itself. Future discussions are needed to determine whether or not to pursue late season permit limitation as an entanglement risk minimization measure, as well as the details of how participation would be limited. This topic will be discussed at the scheduled public meetings this October (see meeting details below in Section II).

b. Crab biotoxin management – Electronic Fish Ticket Requirement, effective 12/1/2019

Electronic submission of all commercial crab (bay and ocean) fish tickets will be required starting Dec 1, 2019, and will be required to be submitted by the end of the next business day after a crab landing is made. This measure will improve efficiency and effectiveness of, and compliance with, recalls, embargoes, closures, and/or evisceration orders implemented due to biotoxin events by making near real-time data on harvest location for each fishing vessel and fish dealer available in a centralized Department database. Additionally, near-real time harvest location information will be a useful tool to help inform whale entanglement mitigation measures moving forward. Instructions for setting up an account to submit electronic fish tickets are in section III of this notice.

c. Season opening flexibility – Revised Tri-State Protocol The OFWC adopted the revised Tri-State Protocol, which included two significant management measures to allow more flexibility in where and when the season opens within the Tri-State area, based on meat quality. As adopted, the protocol now allows:

1. More than two areas with different opening dates to be established within the Tri-State region based on meat quality, and;

2. Moving the latest season opening date to February 1, only if meat quality is still less than 23% and there are no other concerns from managers or industry about delaying until Feb 1, such as elevated risk of whale entanglements or biotoxin events.

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Oregon and Washington intend to implement both changes for the 2019-20 season. However, implementation of the measures will take longer for California because legislation is required. Meat quality criteria will remain at 25% from Cascade Head south during the 2019-2020 season opening process. At this year’s Tri-State meeting, all three states also agreed to consider a decrease in meat quality criterion from 25% to 24%, below Cascade Head. Although there was significant support for making this change within the Oregon fleet, California requested additional time to consult with industry so this change was not included in the revised protocol at this time and will not be in place for this year’s season opening process.

II. WHALE ENTANGLEMENT RISK REDUCTION PHASE II –

OCTOBER 2019 CRAB INDUSTRY MEETINGS

The focus of Phase II whale entanglement management measures is to help reduce risk of whale entanglements in crab gear by reducing the number of vertical lines in the water. To prepare for Phase II recommendations to the OFWC, the ODFW is hosting four regional Dungeness crab public industry meetings to solicit targeted input. In this series of meetings we want to discuss draft recommendations (outlined below), and particularly how and when to reduce vertical lines in the water. Please join us at one of these coastal meetings:

• Coos Bay – Thursday, Oct. 17, 1-4PM – North Bend Library • Brookings – Friday, Oct. 18, 9-12PM – Harbor Water District Building • Astoria – Tuesday, Oct. 22, 1-4PM – Holiday Inn • Newport – Wednesday, Oct. 23, 1-4PM – Shilo Inn (or join us remotely from your

electronic devices here https://global.gotomeeting.com/join/674224637. For phone audio call 1-408-650-3123 and access code 674-224-637.)

ODFW Phase II draft recommendations at this time include all of the following measures:

1. “Late season” pot limit reduction and separate seasonal buoy tag (NOTE: we intend this to be limits across all pot tiers and permits, not by changing limited entry qualifications). Options to consider:

a. April 1 reduce all pot limits by 30%. b. May 1 reduce all pot limits by 30%. c. Either April 1 or May 1, reduce all pot limits by a different % reduction.

2. Initiation of a “late season” derelict gear removal program (will require legislative changes), incentivized by allowing ownership of retrieved pots.

3. Permanent elimination of the two-week gear clean-up period after the season ends. In addition to these draft recommendations, we would like to discuss additional measures that would accompany the main risk reduction measures above. These will include potential gear modifications, line markings, elimination of replacement tags, and any others you would like us to consider. Suggestions from the fleet that might be considered as substituting for the above approach include:

1. Close the season as of April 1, May 1 or June 1. 2. Close the season as of April 1, then re-open May 1 with a late season buoy tag.

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Following the October public meetings, ODFW’s final recommendations for Phase II will be presented to OFWC in late winter/early spring (targeting Feb 2020). Some of the measures we plan to recommend implementing as early as spring 2020. We intend the regulatory package to include measures for the “late season” (the timing of which is yet to be defined), when there is an increase in whale feeding aggregations off Oregon, and when entanglements are thought more likely to occur.

III. WHAT YOU NEED TO DO, TO GET THIS SEASON STARTED

a. REGISTER BUOY COLOR PATTERNS – REQUIRED FOR THE 2019-20 CRAB SEASON To register your buoy color pattern for this upcoming crab season please submit an electronic or printed photo of the buoy color pattern with your vessel’s name and crab permit number. Electronic registrations can be made by emailing or texting [email protected]. Printed photos can be mailed to the Marine Resources Program, Commercial Crab Program, 2040 Marine Science Drive, Newport OR, 97365. Re-registration is only required if you change your vessel’s buoy color pattern. b. SUBMITTING ELECTRONIC FISH TICKETS – REQUIRED FOR ALL

COMMERCIAL DUNGENESS CRAB TICKETS BEGINNING DEC 1, 2019

The Department’s web interface system for submitting electronic fish tickets was created and is maintained by the Pacific States Marine Fish Commission (PSMFC). To set up an account to submit electronic fish tickets go to PSMFC’s E-Tix portal website at https://etix.psmfc.org/Account/Login and click on ‘Request an Account’. Complete the information requested in the fillable form and press ‘Save’. Once PSMFC receives, enters and verifies your information you will get an e-mail with a link to set up a password for your account. You will also be contacted by PSMFC to schedule an optional web demonstration of the electronic fish ticket submission process that takes approximately one hour. If you have questions about how to set up an account or submit electronic fish tickets you can select ‘Etix Question’ on the E-tix Portal website and submit your questions directly to PSMFC or call them at 503-595-3100.

c. BUOY TAG ORDER FORM

For ocean commercial crab permit holders the last page of this mailing is the 2019-20 buoy tag order form. Please complete all of the information requested and mail or fax to ODFW Licensing Services (number and address listed on the top of the form). Once you submit your buoy tag order please allow up to 3 days to receive them via Fed X or UPS.

In closing, we look forward to updating and discussing many of these issues with you soon at a crab industry meeting near you. Please let us know if you have any questions, comments or concerns about the management of the commercial Oregon Dungeness crab fishery at any time.

Caren Braby Program Manager 541-867-0300 ext. 226

Troy Buell State Fishery Manager 541-867-0300 ext. 225

Kelly Corbett Commercial Crab Project Leader 541-867-0300 ext. 244

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Marine Resources Program Oregon Department of Fish and Wildlife

2040 SE Marine Science Drive Newport, OR 97365

(541) 867-4741 FAX (541) 867-0311

www.dfw.state.or.us/MRP

February 20, 2020 Oregon Ocean Commercial Dungeness Crab Permit Holders, Processors, Buyers, and Interested Persons:

The Oregon Department of Fish and Wildlife (ODFW) is sending you this notice to inform you that we are moving forward with phase II whale entanglement mitigation measures, to reduce the risk of whale entanglements with Oregon commercial Dungeness crab gear. We will recommend this regulatory package to the Oregon Fish and Wildlife Commission (OFWC) for adoption on April 17th in Reedsport. Since the October 2019 industry meetings (held in Brookings, Coos Bay, Newport and Astoria), we have been considering the input received from industry members, conducting additional analyses, and consulting with the newly-expanded Oregon Dungeness Crab Advisory Committee (ODCAC), which now includes members of the Oregon Dungeness Crab Commission, crab associations, and industry members from the Oregon Whale Entanglement Working Group. Recent ODCAC meeting summaries, materials, and a current list of members are available on our Reducing Risk of Whale Entanglements webpage https://www.dfw.state.or.us/MRP/shellfish/commercial/crab/whale_entanglement.asp. The phase II regulatory package includes the following mitigation measures:

For implementation within the current crab season (2019/20):

• Late-season reduction of pot limits by 20%, effective June 1, 2020, for the 2019/20 season, and effective May 1 thereafter

o Require late-season buoy tag in addition to primary season tag o Late-season 30 fathom depth restriction in combination with

pot limit reduction o Sunset after three seasons for late season pot limit reduction,

buoy tag and depth restriction to allow for evaluation

• Eliminate two-week post-season gear clean-up period

• Require taut lines best practice (effective June 1, 2020)

Oregon Kate Brown, Governor

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For implementation beginning next crab season (2020/21):

• Eliminate replacement tags, except o Retain opportunity for replacement tags due to “catastrophic

loss” and “extraordinary event”

• Require line marking o Minimum two black marks, 12 inches in length o One within a fathom of the pot and one within a fathom of the

main surface buoy

Materials for the Commission meeting, including proposed regulation language for each of these measures, will be posted here https://www.dfw.state.or.us/agency/commission/minutes/ as they are available. Please contact Marine staff at the phone numbers and emails below or the Oregon Fish and Wildlife Commission ([email protected]) if you would like to submit public comment on any of these proposed measures.

Please contact us if you have any questions.

Caren Braby Marine Program Manager [email protected] 541-867-0300 ext. 226

Troy Buell State Fishery Manager [email protected] 541-867-0300 ext. 225

Kelly Corbett Commercial Crab Project Leader [email protected] 541-867-0300 ext. 244

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Marine Resources Program Oregon Department of Fish and Wildlife

2040 SE Marine Science Drive Newport, OR 97365

(541) 867-4741 FAX (541) 867-0311

www.dfw.state.or.us/MRP

June 5, 2020 Oregon Ocean Commercial Dungeness Crab Permit Holders, Processors, Buyers, and Interested Persons:

The Oregon Department of Fish and Wildlife (ODFW) is sending you this notice to inform of temporary rule changes effective soon and re-scheduling the proposal of phase II whale entanglement mitigation regulatory package to the Oregon Fish and Wildlife Commission (OFWC).

I. New temporary rules effective July 1, 2020. We are taking these actions to reduce risk of whale

entanglement in crab gear for the remainder of the 2019-20 crab season. These measures will reduce risk of whale entanglement by removing vertical lines from the ocean at the end of the season, facilitate more opportunity for derelict gear retrieval, and minimize the amount of line used on actively fished pots. These include:

1. Required taut lines best practice. This means that it is illegal to use Dungeness crab gear with

more line than is reasonably necessary to compensate for tides, currents, and weather. Effective July 1, 2020.

2. The two-week post-season “clean-up” period has been eliminated. This means that all Dungeness crab gear is required to be out of the water by 11:59 p.m. August 14, 2020.

3. One-time retrieval waivers for another crab permitted vessel to assist in removing gear from August 1 through August 14 are allowed. This means that any vessel can request a one-time retrieval waiver to have another vessel help retrieve their gear out of the water the last two weeks of the season.

4. The amount of derelict gear that may be retrieved from August 15 through August 29 has

been increased from 50 pots to an unlimited amount. This means from August 15 through October 31 an unlimited amount of derelict gear may be retrieved by any commercially licensed vessel.

The 2020 post-season derelict gear recovery program will start on August 31st and any non-exempted gear left in the water will be subject to collection by permitted derelict gear recovery vessels. This is the earliest timeframe the permitted post-season derelict gear recovery program can start by statute. Detailed information about this program is located on the second page of this notice.

Oregon Kate Brown, Governor

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II. Re-scheduling proposal of phase II whale entanglement mitigation regulatory package to the OFWC (for proposed implementation next crab season 2020-21). We have developed a full suite of management measures to mitigate the risk of whale entanglement in Dungeness crab gear which has emerged as a priority conservation issue in recent years. These measures include:

1. Late-season reduction of pot limits by 20%, effective May 1, 2021 a. Require late-season buoy tag in addition to primary season tag b. Late-season 30 fathom depth restriction in combination with pot limit reduction c. Sunset after three seasons for late season pot limit reduction, buoy tag and depth

restriction to allow for evaluation

2. Eliminate replacement tags, except in cases of “catastrophic loss” or “extraordinary event” 3. Eliminate two-week post-season gear clean-up period (temp rule effective July 1, 2020) 4. Require taut lines best practice (temp rule effective July 1, 2020) 5. Prohibit use of line marking that is required in any other West Coast federal or state fishery 6. Adopt revised Tri-State Preseason Testing Protocol, lowering pre-season testing meat yield

criteria south of Cascade head from 25% (rounding allowed) to 24% (no rounding)

The last two measures (#5 and #6) have been added to this set of phase II whale entanglement mitigation measures based on recent discussions with the Tri-State Dungeness Crab Committee on May 13, 2020. A summary of these discussions will be posted here http://www.psmfc.org/crab/ when it is available. See our website for all our efforts and industry notices to-date addressing this issue https://www.dfw.state.or.us/MRP/shellfish/commercial/crab/whale_entanglement.asp. We intended to recommend this suite of management measures at the April 2020 Oregon Fish and Wildlife Commission (OFWC) meeting. However, due to the state’s response to COVID-19, the April OFWC meeting was held virtually, and most rulemaking exhibits were removed from the Commission’s agenda to be rescheduled for a later time. Please note the following dates (below) for the possible Commission meeting dates where this regulatory package will be proposed and stay tuned for press release notices that will contain information on the format of these meetings and how to participate. At this time we are not planning on mailing an additional industry notice about this regulatory proposal unless neither of these dates is used, and another plan must be put into effect.

TENTATIVE DATE: August 7, 2020 BACK-UP DATE: September 11, 2020

Materials for the Commission meeting, including proposed regulation language for each of these measures, will be posted here https://www.dfw.state.or.us/agency/commission/minutes/ as they are available. Please contact Marine staff at the phone numbers and emails below or the Oregon Fish and Wildlife Commission ([email protected]) if you would like to submit public comment on any of these proposed measures. Please let us know if you have any questions, comments, or concerns at any time.

Caren Braby Troy Buell Kelly Corbett Program Manager State Fishery Manager Commercial Crab Project Leader [email protected] [email protected] [email protected] 541-867-0300 ext. 226 541-867-0300 ext. 225 C: 541-270-5083

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ODFW NOTICE TO COMMERCIAL FISHING

INDUSTRY PARTICIPANTS

PERMITTED POST-SEASON DERELICT GEAR PROGRAM

June 5, 2020

When does the program start?

Permits will be effective from August 31st

through October 11th

.

When can you apply for a permit?

Owners or operators of commercially licensed vessels can apply for a Post-Season Derelict Gear Recovery Permit at any time throughout the season, but the permits will not be issued until after Aug. 24st. To apply for a permit call Kelly Corbett at 541-270-5083.

What does a Post-Season Derelict Gear Recovery Permit allow you to do with retrieved gear?

Dungeness crab gear retrieved under the authority of a Post-Season Derelict Gear Recovery Permit may be used, sold, or disposed of at the permit holder’s discretion after documenting retrieval of the gear in accordance with permit conditions.

What are the conditions of a Post-Season Derelict Recovery Permit?

Failure of the vessel operator or crew to abide by the terms of the permit will result in termination of the permit and ability to participate in the program. The conditions of the permits this year will include:

Permit – The permit must be onboard the fishing vessel during all recovery operations and is not transferrable to any other vessel.

Notification – The vessel operator must notify ODFW at least 24-hours prior to the vessel leaving the dock to retrieve gear. Notifications must be given during regular business hours, Monday – Friday between the hours of 8AM-5PM.

The permitted Post-Season Derelict Gear Recovery Program that allows participants to keep or sell all recovered Dungeness crab gear will begin August 31st and be open through October 11th.

The commercial Dungeness crab fishery in the ocean and Columbia River closes August 14th. and all crab gear must be out of the water by August 14th. The two-week gear clean-up period was removed by temporary rule effective this season.

An unlimited amount of derelict crab gear can still be retrieved August 15 - October 31 by any commercially licensed vessel but can not be kept or sold unless participating in the permitted post-season recovery program.

Locations of derelict gear reported to ODFW after August 14th will be posted on ODFW’s post-season derelict gear program webpage.

The ODFW post-season derelict gear website is http://www.dfw.state.or.us/MRP/shellfish/commercial/crab/psdgrp.asp.

(continued on next page)

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The vessel operator must also notify ODFW at least 2 hours prior to returning to the dock following a gear recovery operation even if no gear was recovered during the trip. Notifications can be made by calling the notification number listed on the permit for the port where the retrieved gear will be landed.

Area – Recovery operations are restricted to Oregon state waters and the Pacific Ocean in federal waters between 46º 15' 00" North Latitude (Oregon/Washington border) and north of an east-west line at 42º 00' 00" North Lati-tude (Oregon/California border).

Logbook – The vessel operator is responsible for maintaining a logbook in an accurate and truthful manner and in accordance with the instructions contained therein. Complete, legible and accurate data records must be collected and provided to ODFW approved staff upon returning with recovered gear. Additional log pages may be obtained from ODFW offices in Astoria, Newport, Charleston and Brookings or by making photocopies of a blank log page.

Gear Registration – All gear recovered during permitted gear recovery must remain on the vessel and remain in the

condition it was recovered until the gear is registered and tagged by ODFW approved staff. Tampering with recovered gear, including removing pot tags, buoys or other markings prior to registering the gear will result in termination of the permit. All completed post-recovery registration forms will be scanned in and posted on ODFW’s website to allow any previous gear owners interested in negotiating for their previously owned pots to contact retrieving vessels. Giving first right of refusal to the previous gear owner is strongly encouraged through this program to continue to foster good relations within the commercial fishing community.

Harvest prohibited - All crab and non-crab species taken with the retrieved gear must be immediately returned to

the ocean.

Recreational crabbing and retrieval of recreational crab gear prohibited- recreational harvest of all crab species and retrieval of recreational crab gear is prohibited during retrieval trips.

What if you are unable to get your Dungeness crab gear out of the water by Aug 14th?

At any time during the season you can request a one-time waiver allowing retrieval of permitted Dungeness crab gear to shore by another crab permitted vessel, provided that undue hardship such as loss of the vessel, death or permanent disability has prevented retrieval of gear. Also, beginning this year any vessel can request a one-time retrieval waiver to have another vessel help retrieve their gear out of the water the last two weeks of the season . To request a one-time retrieval waiver please call the ODFW Licensing office at 503.947.6116. Requests will be considered in a timely manner.

ODFW will consider requests for emergency exemptions from the gear recovery program for Dungeness crab gear that was unable to be retrieved by the permit holder, as a result of undue hardship (defined above). Re-quests for exemptions must be submitted to the Marine Resources Program in Newport by August 21st. To apply for an exemption please call Kelly Corbett at 541-270-5083.

Where can you find information on derelict gear that was retrieved through the program?

All of the completed post-recovery registration forms will be posted on ODFW’s post season derelict gear webpage to allow any previous gear owners interested in negotiating for their retrieved pots to contact retrieving vessels themselves.

What if you have locations of derelict gear?

Anyone can report the locations of any derelict gear after August 14th by contacting the number below. All reported locations of derelict gear will be posted on ODFW’s post-season derelict gear webpage. Gear retrievers should contact the number below if they have any updates on the reported gear (i.e. they retrieved it or it is no longer there) so that we can update the reports on the website.

What if you have more questions about the program?

Please call Kelly Corbett at 541-270-5083.